[Code of Federal Regulations]

[Title 9, Volume 2]

[Revised as of January 1, 2007]

From the U.S. Government Printing Office via GPO Access

[CITE: 9CFR381.71]



[Page 454]

 

                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS

 

     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 

                               AGRICULTURE

 

PART 381_POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents

 

                    Subpart J_Ante Mortem Inspection

 

Sec. 381.71  Condemnation on ante mortem inspection.



    (a) Birds plainly showing on ante mortem inspection any disease or 

condition, that under Sec. Sec. 381.80 to 381.93, inclusive, would 

cause condemnation of their carcasses on post mortem inspection, shall 

be condemned. Birds which on ante mortem inspection are condemned shall 

not be dressed, nor shall they be conveyed into any department of the 

official establishment where poultry products are prepared or held. 

Poultry which has been condemned on ante mortem inspection and has been 

killed or died otherwise shall under the supervision of an inspector of 

the Inspection Service, be disposed of as provided in Sec. 381.95.

    (b) Dead-on-arrival ratites and ratites condemned on ante mortem 

inspection will be tagged ``U.S. Condemned'' by an establishment 

employee under FSIS supervision and disposed of by one of the methods 

prescribed in Sec. 381.95.

    (c) All seriously crippled ratites and non-ambulatory ratites, 

commonly termed ``downers,'' shall be identified as ``U.S. Suspects.''

    (d) Ratites exhibiting signs of drug or chemical poisoning shall be 

withheld from slaughter.

    (e) Ratites identified as ``U.S. Suspects'' or ``U.S. Condemned'' 

may be set aside for treatment. The ``U.S. Suspect'' or ``U.S. 

Condemned'' identification device will be removed by an establishment 

employee under FSIS supervision following treatment if the bird is found 

to be free of disease. Such a bird found to have recovered from the 

condition for which it was treated may be released for slaughter or for 

purposes other than slaughter, provided that in the latter instance 

permission is first obtained from the local, State, or Federal sanitary 

official having jurisdiction over movement of such birds.

    (f) When it is necessary for humane reasons to slaughter an injured 

ratite at night or Sunday or a holiday, and the Agency veterinary 

medical officer cannot be obtained, the carcass and all parts shall be 

kept for inspection, with the head and all viscera except the 

gastrointestinal tract held by the natural attachment. If all parts are 

not so kept for inspection, the carcass shall be condemned. If on 

inspection of a carcass slaughtered in the absence of an inspector, any 

lesion or other evidence is found indicating that the bird was sick or 

diseased, or affected with any other condition requiring condemnation of 

the animal on ante mortem inspection, or if there is lacking evidence of 

the condition that rendered emergency slaughter necessary, the carcass 

shall be condemned. Ratites that are sick, dying, or that have been 

treated with a drug or chemical and presented for slaughter before the 

required withdrawal period, are not covered by emergency slaughter 

provisions.



[37 FR 9706, May 16, 1972, as amended at 66 FR 22906, May 7, 2001; 67 FR 

13258, Mar. 22, 2002]